Filing bankruptcy is a last ditch option for many people who find themselves unable to pay off their debts and many use a chapter 7 bankruptcy attorney. Often the cause is due to a loss of job or unexpected medical expenses that can be financially devastating to a family quite quickly. If you have run out of options and are considering whether or not bankruptcy is the right option for you, here are some things to consider.
First bankruptcy is filed in federal court, not at the state level so it is not something that is easily undertaken without the assistance of a chapter 7 bankruptcy attorney.
The paperwork required to file bankruptcy is quite involved. And there are a lot of rules and regulations in place that can make filing a difficult process to go through if you don't fully understand what you need to file. For example the court will want to see a list of your assets as well as a list of your debts and living expenses to decide if you are a candidate for chapter 7 bankruptcies. If you forget to include a debt it won't be included on your judgment and even after your bankruptcy the undeclared debt will remain active. This is another reason why it is imperative to have the assistance of an attorney if you decide to file for bankruptcy.
Another factor to consider is the fact that not all types of bankruptcy are equal. If you file chapter 13 you will essentially be coming up with a court approved repayment plan to keep your debts and your assets while a chapter 7 will allow you to walk away from most of your debts depending on what they are. Some debts cannot be discharged including student loans, child support, alimony and debts to the IRS.
What debts that you can discharge and which debts you cannot discharge is the third factor that you need to consider. If your major debt won't be discharged in a bankruptcy, your attorney will advise you of this in the initial consultation and help guide you to other resources that may be more valuable to your circumstance.
If you are ready to act you need to make sure you have an attorney and you need to make sure that they specialize in bankruptcy law. Take advantage of your initial consultation to let your attorney know your debt amount and your income, what your assets are and why you feel you need to file bankruptcy. Your attorney can help you fully understand your rights under the law when you file bankruptcy, explain how long the process can take and help you decide if chapter 7 is the right form of bankruptcy for you to file.
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